[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33544-33547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13456]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2021-0266; FRL-10024-99-Region 7]


Air Plan Approval; Iowa; State Implementation Plan and State 
Plans for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Iowa State Implementation Plan (SIP) 
and is also approving revisions to the Iowa Operating Permit Program. 
The revisions include updating definitions, regulatory references, 
requiring facilities to submit electronic emissions inventory 
information under the state's Title V permitting program, and updating 
references for the most recent federally approved minimum 
specifications and quality assurance procedures for performance 
evaluations of continuous monitoring systems. EPA is also approving 
previous revisions to the Operating Permit Program that allow for 
electronic document submission that meet EPA's requirements. These 
revisions will not impact air quality and will ensure consistency 
between the state and Federally approved rules.

DATES: This final rule is effective on July 26, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0266. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental 
Protection Agency, Region 7 Office, Air Quality and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 
551-7991 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving a submission from the State of Iowa to revise its 
SIP and the Operating Permits Program. On August 12, 2020, the Iowa 
Department of Natural Resources (IDNR) submitted a request to revise 
the SIP to incorporate recent changes to Iowa Administrative Code, 
including provisions relating to electronic submittal of information to 
IDNR that were revised in previous state rulemakings. The following 
chapters are impacted:
     Chapter 20, ``Scope of Title--Definitions;''

[[Page 33545]]

     Chapter 22, ``Controlling Pollution;''
     Chapter 23, ``Emission Standards for Contaminants;''
     Chapter 25, ``Measurement of Emissions;'' and
     Chapter 33, ``Special Regulations and Construction Permit 
Requirements for Major Stationary Sources--Prevention of Significant 
Deterioration (PSD) of Air Quality.''
    The revision includes a request for EPA to approve references in 
Chapter 22 to allow for electronic submittal of air quality permit 
applications, streamlined alternatives to traditional applications, 
such as registrations, notifications, and template applications, 
construction permit applications, acid rain permit applications, 
notifications, emissions inventory, certifications, determination 
requests, fees, forms, and payments.
    The revision includes the new definitions of ``electronic format'', 
``electronic submittal'', and ``electronic submittal format''. The 
revisions also update the construction permit application provisions to 
specify the types of submittals that may be included in an electronic 
submittal option, updates methods and procedures for stack sampling and 
associated analytical methods, updates the definition of ``volatile 
organic compounds'' for prevention of significant deterioration (PSD) 
and updates the applicability of the PSD rule to construction of any 
new ``major stationary source''. The specific changes and EPA analysis 
are discussed in more detail the proposed rule included in the docket 
for this action.
    The EPA solicited comments on the proposed revision to Iowa's SIP, 
and did not receive any comments.

II. Have the requirements for approval of a SIP revision been met?

    The August 12, 2020 submission met the public notice requirements 
for SIP submissions in accordance with 40 CFR 51.102. The State held a 
public comment period from March 11 to April 13, 2020, with a public 
hearing on April 13, 2020. No public comments were received.
    The items related to electronic submittal of permit applications 
and emissions inventories, were placed on public notice at various 
dates specified above. The supporting documentation has been included 
in the docket. The only comment made specifically regarding the 
language pertaining to Iowa's electronic document receiving system was 
made by EPA and was resolved by EPA's approval of Iowa's electronic 
document receiving systems pursuant to CROMERR requirements.
    The above submittals satisfy the completeness criteria of 40 CFR 
part 51, appendix V. In addition, these revisions meet the substantive 
SIP requirements of the CAA, including section 110 and implementing 
regulations. Finally, the revisions are also consistent with applicable 
EPA requirements of Title V of the CAA and 40 CFR part 70.

III. What action is the EPA taking?

    The EPA is taking final action to approve revisions to the Iowa SIP 
and the Operating Permits Program. The revisions update the definitions 
of ``EPA Reference Method'' and ``volatile organic compounds'', updates 
the definitions to adopt the most current EPA methods for measuring air 
pollutant emissions, performance testing, and continuous monitoring, 
and to reflect changes EPA has made to the definitions. The revisions 
also add regulatory cross-references, and define ``electronic format,'' 
``electronic submittal,'' and ``electronic submittal format'' to 
facilitate the Department's launch of EASY Air, a new online electronic 
method for submitting air quality permit applications.
    EPA has determined that approval of these revisions will not impact 
air quality and will ensure consistency between the state and 
federally-approved rules, and ensure Federal enforceability of the 
state's revised air program rules.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Iowa Regulations described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 7 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by the EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of the EPA's approval, and will be incorporated by reference 
in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968, May 22, 1997.
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as

[[Page 33546]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 24, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 70

    Environmental protection, Acid rain, Administrative practice and 
procedure, Air pollution control, Hazardous substances, 
Intergovernmental relations, Licensing and registration, Reporting and 
recordkeeping requirements.

    Dated: June 14, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR parts 
52 and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entries for ``567-20.1'', ``567-22.1'', ``567-25.1'', and ``567-
33.3'' to read as follows:


Sec.  52.820   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                         State
       Iowa citation                 Title          effective date    EPA  approval date        Explanation
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                                      Iowa Department of Natural Resources
                                    Environmental Protection Commission [567]
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                                     Chapter 20--Scope of Title-Definitions
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567-20.1...................  Scope of Title--            7/22/2020  6/25/2021, [insert     The definitions for
                              Definitions.                           Federal Register       ``anaerobic
                                                                     citation].             lagoon,'' ``odor,''
                                                                                            ``odorous
                                                                                            substance,''
                                                                                            ``odorous substance
                                                                                            source'' are not SIP
                                                                                            approved.
 
                                                  * * * * * * *
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                                        Chapter 22--Controlling Pollution
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567-22.1...................  Permits Required for        7/22/2020  6/25/2021, [insert
                              New or Stationary                      Federal Register
                              Sources.                               citation].
 
                                                  * * * * * * *
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                                      Chapter 25--Measurement of Emissions
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567-25.1...................  Testing and Sampling        7/22/2020  6/25/2021, [insert
                              of New and Existing                    Federal Register
                              Equipment.                             citation].
 
                                                  * * * * * * *
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 Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources-Prevention of
                                 Significant Deterioration (PSD) of Air Quality
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[[Page 33547]]

 
                                                  * * * * * * *
567-33.3...................  Special Construction        7/22/2020  6/25/2021, [insert     Provisions of the
                              Permit Requirements                    Federal Register       2010 PM2.5 PSD--
                              for Major Stationary                   citation].             Increments, SILs and
                              Sources in Areas                                              SMCs rule, published
                              Designated                                                    in the Federal
                              Attainment or                                                 Register on October
                              Unclassified (PSD).                                           20, 2010, relating
                                                                                            to SILs and SMCs
                                                                                            that were affected
                                                                                            by the January 22,
                                                                                            2013, U.S. Court of
                                                                                            Appeals decision are
                                                                                            not, at the state's
                                                                                            request, included in
                                                                                            Iowa's SIP
                                                                                            provisions (see
                                                                                            Federal Register,
                                                                                            March 14, 2014)
                                                                                            (Vol. 79, No. 50).
 
                                                  * * * * * * *
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* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
4. In appendix A to part 70 the entry for ``Iowa'' is amended by adding 
paragraph (w) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (w) The Iowa Department of Natural Resources submitted for 
program approval revisions to rules 567-22.100, 567-22.120, 567-
22.105(1), 567-22.106(2), and 567-22.128(4). The state effective 
date for 567-22.105(1) and 567-22.106(2) is April 17, 2019. The 
state effective date for 567-22.100, 567-22.120, and 567-22.128(4) 
is July 22, 2020. This revision is effective August 24, 2021.
* * * * *
[FR Doc. 2021-13456 Filed 6-24-21; 8:45 am]
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